The Irish border remains political hot potato dominating the week’s political news

The issue of what to do with the border in Ireland after Brexit has dominated the political news this week and remains a hot political hot potato for the British Government, following defeats in the House of Lords and problems with customs arrangements with the EU after March 2019.

In a busy week which began with the European Commission’s Article 50 Chief Negotiator Michel Barnier coming to Co Louth, it continued on Wednesday 2 May with another Government defeat in the House of Lords over the border issue.

The amendment on The European Union (Withdrawal) Bill report stage was moved by Lord Chris Patten and requires ministers to act in a way that is compatible with the 1998 Northern Ireland Act and the Belfast principles.

What to do with the border between the small area marked red after Brexit Day has caused huge problems for the British Government, in particular.

The UK’s position on Northern Ireland was set out in a position paper in August 2017 and sets out the UK’s proposals for:

● Upholding the Belfast (‘Good Friday’) Agreement in all its parts; ● Maintaining the Common Travel Area and associated rights; ● Avoiding a hard border for the movement of goods; ● To preserve North-South and East-West cooperation, including on energy.

However, the policy of the British Government is to leave the EU Single Market and Customs Union. Lord Patten said there is a problem because, as the Northern Ireland position paper makes clear, the current substantive position in Northern Ireland and the Republic—that is, the existence of a frictionless border—is not to be changed by Brexit.

“As Comrade Lenin said in his famous pamphlet, What Is To Be Done?, what indeed is to be done? Some have taken to blaming the Republic of Ireland. Initially, there were even some who said: “The answer is for the Republic of Ireland to leave the single market, leave the customs union and leave the European Union, then there would be no problem with a border”…

“…Others blame the Republic for other reasons. The Secretary of State for Exiting the European Union said that the problem was because the Leader of the Fine Gael Party, the Taoiseach, was in the pocket of Sinn Féin. Sinn Féin and Fine Gael—I think the Secretary of State must have been away the day they did Irish history at school.

I am pleased to say that the Prime Minister has been absolutely clear on this point. She said in her Mansion House speech that it is not good enough to say: ‘We won’t introduce a hard border; if the EU forces Ireland to do it, that’s down to them’. We chose to leave, we have a responsibility to help find a solution”.

-Lord Patten

Belfast Agreement

The ‘Good Friday’ Agreement (Pic: Inside Ireland.ie)

Lord Patten argued that Brexit threatens the delicate balances of the Good Friday Agreement.

“It was the suggestion in the debate on the customs union that this House, by talking about that, the border and so on, was playing with fire. I will tell you what I think playing with fire is: blundering into the politics of Northern Ireland with a policy which is sometimes clueless and sometimes delinquent with a can of petrol in one hand and a box of matches in the other. That is playing with fire. That is what we are in danger of doing.”

I do not want to go back to the old triumphs, old humiliations, old animosities and old feuds. It would be shameful and dishonourable if this House were to do anything that made that more likely. It would be a stain on our history.”

The former Ulster Unionist Party Leader, Lord David Trimble disagreed that Brexit might damage the Good Friday agreement.

“Brexit is not going to damage the Good Friday agreement; this amendment will, because it excludes the people of Northern Ireland. If future arrangements are to be made over the Northern Ireland border it is obvious that you have to have the people of Northern Ireland and their elected representatives closely involved in that.”

-Lord Trimble

The House of Lords eventually voted for the amendment by 309 votes to 242, a majority of 67 to require any Brexit deal to honour the Good Friday Agreement.

Earlier on 2 May, it was reported that following a fairly unsuccessful meeting of the Brexit sub committee, the British Prime Minister Theresa May asked officials to draw up ‘revised proposals’ for customs arrangements after the UK leaves the EU.

Meanwhile, Tánaiste Simon Coveney met with group of visiting Think Tanks and academics to discuss Brexit in Iveagh House.

Following the event, Katy Hayward‏, an academic based in Belfast tweeted an optimistic note:

“My takeaway point from the Minister & from GB-based #Brexit experts: there is still cause for optimism that a solution will be found.”

‘Irish government does not seem to care’

However, on Monday Sir Jeffrey Donaldson, DUP MP argued it is ‘increasingly apparent’ that the Irish government ‘does not seem to care about securing a sensible and pragmatic outcome from Brexit which can work for both Northern Ireland and the Republic’.

“Their preferred approach is to use Brexit in whatever way possible to undermine Northern Ireland and particularly its constitutional position. Whilst Mr Varadkar may say that he wants to find solutions to the issues facing us there is little demonstration of him working constructively to find them.”

Taoiseach Leo Varadkar said he knows that some in the unionist community are ‘worried’ by recent political developments, and that Brexit could be used to undermine the Union.

“I want to repeat that we have no hidden agenda. Our agenda is fully transparent – it is respect for the primacy of the Good Friday Agreement and everything it represents for the people of these islands.

That includes the principle of consent, peaceful politics, democratic institutions, reconciliation and co-operation.”

-Taoiseach Leo Varadkar TD

‘Achievements’

The Taoiseach was speaking at the Fourth Plenary Meeting of the All Island Civic Dialogue, Dundalk Institute of Technology, on 30 April informed delegates of achievements that the Government made since the last meeting.

Mr Varadkar pointed out that in December, a political declaration, the Joint EU UK Report committed both the UK and the EU to protection of the Good Friday Agreement and for ‘everyone born in Northern Ireland to continue to have the right to Irish and therefore EU citizenship’.

“It is significant that the United Kingdom committed to avoiding a hard border with no physical infrastructure or related checks or controls.

We have consistently said that our preference is for this to be achieved, not through a unique solution for Northern Ireland, but rather through the new future relationship between the EU and the UK, in a manner that allows us to continue trading as we do now – on this island, and also between Ireland and Britain.

I do not want a hard border between Dublin and Holyhead, between Rosslare and Fishguard, any more than I want to see one between Dundalk and Newry, or Larne and Stranraer for that matter.”

-Leo Varadkar TD

The Taoiseach added that recognising that no hard border might not be possible, principally due to the UK government’s red lines on the Customs Union and Single Market, the Government also agreed a backstop arrangement in December, which will apply as a last resort unless and until a better arrangement can be agreed and implemented.

“Under this backstop, Northern Ireland would maintain full alignment with the rules of the Internal Market and Customs Union which are relevant to the avoidance of a border, north-south co-operation and the all-island economy”.

Mr Varadkar said his government want to see a ‘close and deep partnership between the EU and the UK, which ensures a level playing field, fair competition and the integrity of the Single Market’.

“The only barrier to this is the UK’s own self-imposed red lines. If these soften, the EU will be flexible too.”

Over the coming weeks, the Taoiseach added he ‘hoped and expected’ to see further progress in the negotiations on developing a close overall relationship between the EU and the UK, as well as on ‘the necessary completion of the legal text on the backstop’.

‘There is no way back’ – Michel Barnier

Speaking at the same meeting M. Barnier spoke of the time he was EU Commissioner for regional policy – in charge of the PEACE programme – soon after the Good Friday Agreement had just been signed.

“Some check-points and controls were still visible on the border, waiting to be fully dismantled.

In May last year, when I returned to the border region at Lough Egish, County Monaghan, there was no physical border to be seen.

But, over the last 20 years, the Good Friday Agreement has meant – of course – far more than just removing customs and physical barriers. It removed borders on maps but also in minds.

The Good Friday Agreement created wide-ranging cooperation between North and South, and between communities: from energy and food safety, education and research – for instance here in Dundalk Institute of Technology – to human rights, or the cooperation between young people –as your programme today shows.

All of this was made possible thanks to the open border. All of this should be protected and cherished. So, there is no way back. There is no alternative but to protect this progress. The consequences of Brexit should not and must not lead to the return of a hard border, neither on maps nor in minds”.

-Michel Barnier, EC Chief Negotiator

Backstop

M. Barnier told delegates that both sides in this negotiation are ‘firmly committed’ to a backstop as a guarantee to avoiding a hard border on the island of Ireland.

In March, in a letter to the European Council President Donald Tusk, Prime Minister Theresa May confirmed her commitment to including operational legal text on the backstop in the Withdrawal Agreement. M. Barnier said the EU’s backstop solution only concerns goods – not people.

“To be clear: without a backstop, there can be no Withdrawal Agreement. This is an EU issue, not only an Irish issue.

I can assure you that Ireland has the full support of all Member States and all EU institutions: the European Parliament, the Council, and the European Commission under President Jean-Claude Juncker and of all Commissioners, not least Phil Hogan”.

Michel Barnier added ‘substantive progress’ on the backstop was needed before the June European Council.

Sinn Féin spokesperson for Brexit, David Cullinane TD said that progress needs to be achieved in June in order to ensure the backstop is viable. He argued that David Davis, British Secretary of State for Exiting the European Union, and his government must ‘spell out in clear terms how the backstop arrangement agreed last December will be implemented’.

“The best way to protect the Good Friday Agreement and citizens rights is for the North to stay in the legal architecture of the EU and in the Customs Union and Single Market.

“The British Government needs to once and for all spell out in clear and legal terms how a hardening of the border can be avoided.

“The Irish Government must continue to use all and every option to make sure this happens.

“Leo Varadkar and Simon Coveney must hold Britain and the EU to the June deadline.

Inside Ireland

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